Chapter 9.96
PUBLIC COMMENTS

Sections:

9.96.010    Timely public comments.

9.96.020    Comments for Planning Commission meeting.

9.96.030    Comments for City Council meeting.

9.96.040    Close of public hearing: Continuances.

9.96.010 Timely public comments.

Comments from the public and interested agencies on discretionary land use entitlements are welcome and strongly encouraged. In order to provide proper consideration of public comments, any written comments should be submitted not less than five (5) calendar days before the scheduled public hearing. Written comments and documents submitted after that time, unless also within the noticed public review period, including comments and documents submitted the day of the public hearing, will be considered at the discretion of the reviewing body. If considered, the late comments, including any response thereto, shall be given the weight they are due. Factors to consider in evaluating whether and how to respond to late comments include, but are not limited to:

A.    Time period provided for public review.

B.    Accuracy of public hearing notice.

C.    Level of detail in comments.

D.    Explanation of relevance of comments and documents.

E.    Reasons for failing to comment earlier. (§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

9.96.020 Comments for Planning Commission meeting.

The Planning Commission serves a vital role in the decision making process. The Commission is a statutorily created reviewing body, codified in the Municipal Code. The Commission may serve as either the final decision maker or as an advisory body to the City Council, depending on the nature of the action taken.

California Government Code Sections 65850 and 65853 provide that the Planning Commission shall consider changes from one zone to another, as well as any regulations affecting the use of land. These include regulations affecting the size and use of lots, building lot coverage, land use intensity, and setback lines. The Commission considers public land uses, including civic centers, parks and public buildings.

Section 9.80.040(C) generally describes the Commission’s duties and authority as follows: the review of development projects, including referrals from the Director; the recommendation to the Council for final decisions on development agreements, Development Code amendments, General Plan amendments, interpretations, specific plans, Zone Map amendments, and other applicable policy or Development Code matters related to the City’s planning process; and review for compliance with the California Environmental Quality Act.

Given the critical role the Planning Commission serves in land use decision making, it is very important that individuals, entities, and public agencies wishing to comment on a land use project provide those comments to the Planning Commission, even if the Planning Commission’s action is only a recommendation to the City Council or is final but appealable to the City Council.

In that regard, those persons, entities, and public agencies who submit written comments and documents for the first time at the City Council meeting, when they had an opportunity to present those comments and documents before the Planning Commission, shall be treated as late comments subject to consideration in accordance with Section 9.96.010. Otherwise, the role of the Planning Commission is usurped. (§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

9.96.030 Comments for City Council meeting.

Persons, entities, and public agencies submitting written comments and documents at the City Council public hearing shall be considered in accordance with the provisions of Section 9.96.010. Written comments and documents submitted for the first time at the City Council meeting, when the commenter had an opportunity to present those comments and documents before the Planning Commission, shall be subject to the provisions of Section 9.96.020. The City Council may also refer the matter back to the Planning Commission for consideration. (§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

9.96.040 Close of public hearing: Continuances.

Nothing in this chapter shall prevent the Planning Commission or City Council from closing the public hearing and continuing the action item in order to respond to oral or written comments and documents received. After the close of the public hearing, no new substantive oral or written comments or documents shall be submitted. In the event any such comments or documents are submitted, they shall be noted as received, and shall be considered solely at the discretion of the reviewing body.

An exception to this rule shall exist if the reviewing body agrees to consider new substantive evidence not previously in the record. Any public comments under this exception shall be limited to the new substantive evidence. (§ 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)